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DAMITT Q1 2024: Merger Enforcement Begins 2024 with a Bang

The U.S. agencies announced the conclusion of six significant merger investigations in Q1 2024, double the number seen last quarter. This marks the end of six quarters of three or fewer significant investigations. In line...more

DAMITT 2023 Annual Report: Minding the Gap in Merger Enforcement

Only 12 significant merger investigations concluded in 2023—a drop of 40 percent from just last year and by far the lowest in DAMITT history. This observed and verifiable drop sharply contrasts with recent reports that...more

U.S. Antitrust Agencies Finalize New Merger Guidelines Intended to Reinvigorate Merger Enforcement

The Merger Guidelines lower the market concentration threshold for the presumption that a merger is illegal. Deals that place combined market shares above 30 percent with a significant increase in concentration are...more

DAMITT Q2 2023: When Avoiding Settlements, Does Merger Enforcement Settle for Less?

All significant U.S. merger investigations concluded in either a complaint or an abandoned transaction. Three of four quarters over the last year have now concluded without any consent agreements, demonstrating the agencies’...more

U.S. Antitrust Agencies Launch Long-Awaited Guidelines to Bolster Merger Enforcement

On July 19, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the agencies) issued their long-awaited draft Merger Guidelines.  The draft Merger Guidelines, once finalized, will...more

FTC Pharma Merger Enforcement is Robust But Needs Greater Clarity and Consistency

Key takeaways - The Federal Trade Commission (FTC) and antitrust agencies in North America and Europe have launched a Task Force to evaluate their current approach to pharmaceutical mergers reviews. The Task Force has sought...more

Pending Bill Would Expand FTC Powers Over Drug Patent Settlements and Alter the Legal Test

Key Points: - This month several U.S. Senators introduced the Preserve Access to Affordable Generics Act. There is no similar bill pending in the U.S. House. - The Act revives legislative efforts to wipe out the...more

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